CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA issued AD/CESSNA 206/11, affecting Cessna 206 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as the foundational legislation for regulating civil aviation in Australia, with the overarching goal of ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to establish regulations that serve the interests of safety in air navigation, thereby creating a framework within which the Civil Aviation Safety Regulations 1998 operate. The latter includes provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate safety measures for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in compliance with international standards set by the Convention on International Civil Aviation.
The specific legislative instrument in question, F2007L04806, pertains to the cancellation of AD/CESSNA 206/11, an airworthiness directive affecting Cessna 206 model aircraft manufactured in 1971. CASA, acting as Australia's national airworthiness authority, has determined that this directive is no longer necessary, as the safety issues it addressed have been sufficiently covered by a subsequent directive, AD/GENERAL/74 Amendment 1. This decision to cancel the directive, effective from 17 January 2008, was made to alleviate regulatory burdens without public consultation, as mandated by the Legislative Instruments Act 2003 and deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. The directive was issued by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this legislative structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to maintain the safety standards of air navigation. These ADs are legislative instruments, subject to disallowance and the scrutiny provided by the Legislative Instruments Act 2003. The ADs are designed to ensure compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of an aircraft type with the State of Design and mandates the State of Registry to adopt necessary requirements to maintain airworthiness. CASA, acting as Australia's national airworthiness authority, is tasked with assessing ADs issued by other States of Design and issuing corresponding Australian ADs as needed. This ensures that all aircraft registered in Australia meet the required safety standards, facilitating safe air navigation within Australia's jurisdiction.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 address the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act's purposes, particularly in the interests of safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument under the Legislative Instruments Act 2003.
These provisions impose several obligations and requirements on the parties governed by the Act. The State of Design of an aircraft type holds the primary responsibility for ensuring the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry, who are then tasked with implementing or adopting requirements to maintain the airworthiness of aircraft within their jurisdiction. When an AD is issued by a State of Design, CASA must review the information and, if appropriate, issue an Australian AD to mandate the necessary safety measures. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with ADs can result in severe consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, general provisions within the Civil Aviation Act 1988 and related regulations may apply. Non-compliance could lead to enforcement actions, fines, or other civil or criminal penalties as deemed appropriate by CASA. Given the critical nature of airworthiness directives, severe breaches could also result in significant operational disruptions or safety risks, potentially leading to legal actions against the non-compliant party.
In the case of AD/CESSNA 206/11, CASA has decided to cancel this directive concerning Cessna 206 model aircraft manufactured in 1971. This decision follows a review and the conclusion that the original unsafe condition addressed by the AD is now managed by another directive, AD/GENERAL/74 Amendment 1. The cancellation of this AD is effective from 17 January 2008, and no further AD is needed as the safety concerns have been adequately addressed. Notably, CASA did not consult the Australian public regarding this cancellation because it reduces the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that such AD cancellations do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.